Although California has labor laws to protect its workers, discrimination in the workplace still occurs. Discrimination in the workplace refers to the practice of treating individuals differently because of their race, religion, age, sex, pregnancy, national origin, marital status, color, or disability. This can take place in many different forms, for example:
- By harassing or treating you unfairly;
- Denying you an interview or employment;
- When you are wrongfully terminated or demoted;
- Denying reasonable accommodation, such as access to the locker room, shower or toilets.
In California, an employer is prohibited from taking adverse actions against you based on your race, religion, age, sex, pregnancy, national origin, marital status, color, or disability. This is largely based on the following legal statutes:
California Government. Code § 12940 (a) makes it illegal for an employer to discriminate against you based on, “… race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status…”
Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against you based on your sex, race, color, national origin, and religion.
42 U.S.C.A. § 2000e-2 (a) (1) makes it unlawful for an employer to deny or terminate your employment, or to segregate, classify or deny you opportunities because of your, “… race, color, religion, sex, or national origin.”
Those who have experienced discrimination in the workplace should obtain a free consultation from an employment discrimination lawyer in Orange County. Attorney Cooper has a 10.0 AVVO attorney rating and has helped victims recover more than $200,000,000. Call 844-724-9200 today to find out if you have a valid claim.Benefits of Pursuing a Workplace Discrimination Claim
Recently, a group of African-American, Latino and East Indian truck drivers in Northern and Southern California won a discrimination lawsuit against a local distribution service after years of widespread harassment and discrimination. Now, the distributor is required to implement and continue to maintain a policy that addresses discrimination, harassment, and retaliation.
In addition, they are required to provide anti-discrimination training for its managers and drivers on a yearly basis. In addition, the distributor agreed to pay the plaintiffs’ attorney fees and provide compensation for years of harassment and discrimination.What to Do If You Have Been the Victim of Workplace Discrimination
If you believe that you have been discriminated against by an employer in California, you may have grounds to file a lawsuit in order to address the offensive behavior and be compensated for your ordeal. In order to do so, you must first file a complaint with California's Department of Fair Employment and Housing (DFEH), or with the Federal Equal Employment Opportunity Commission (EEOC).
To have a claim against an employer, you need to be able to satisfactorily prove that the employer took adverse action against you based on you being in a protected category, some of which are listed above. Examples of adverse actions include, but are not limited to the following:
- Termination of your employment
- Causing or forcing you to resign
- Demoting, transferring or giving you unfavorable work assignments
- Reducing your pay
- Refusing to interview you
- Denying you a promotion
- Any other administrative decision that adversely affects the terms and conditions of your employment including unpaid wage violations.
Proving discrimination in the workplace is not always an easy thing to do. Employers rarely reveal the true motivation behind adverse actions taken against an employee. But whenever there is evidence that their actions were motivated by an illegal reason (like disability, gender, race, or religion), you may have cause to file a complaint.
Speaking with an experienced employment discrimination attorney in Orange County to determine if you have grounds for a discrimination claim is always a good option for those who believe their employee rights have been violated. Call 844-724-9200 to receive a free consultation from our 10 out of 10 rated lawyer before it's too late.